Fred Smith

Professor of Law, Stanford University

Biography

Fred Smith Jr., JD ’07, is a Professor of Law at Stanford Law School and a leading scholar of the federal courts. His work on abstention, governmental immunities, and the allocation of power between state and federal courts has shaped contemporary debates over federal jurisdiction. This work has recovered histories that field had forgotten, and centered people the field’s doctrines had rendered invisible. He co-authors Federal Courts in Context (with Erwin Chemerinsky, Seth Davis, and Norman Spaulding) and Constitutional Torts, now in its sixth edition (with Sheldon Nahmod, Tom Eaton, Noah Smith-Drelich, and Michael Wells). He is also an important voice in the growing field of posthumous legal interests, where he created the first law school course of its kind.

His scholarship has appeared in the Harvard Law Review, Yale Law Journal, Stanford Law Review, Columbia Law Review, California Law Review, Michigan Law Review, New York University Law Review, and University of Chicago Law Review, among others. He lectures on these subjects across the United States and internationally, including in Istanbul, Shanghai, and Warsaw, and is regularly consulted as an expert by major media outlets, including CNN, CBS News, MSNBC, NPR, Time, The New York Times, and The Washington Post.

Smith clerked for Judge Myron Thompson (M.D. Ala.), Judge Barrington D. Parker Jr. (2d Cir.), and Justice Sonia Sotomayor (U.S. Supreme Court). He has held faculty positions at Berkeley Law and Emory Law and has been a visiting professor at the University of Chicago, Columbia, and Yale. At Emory, he was named Outstanding Professor of the Year in 2019, 2022, and 2023.

Smith serves as Board Chair of Lambda Legal, the nation’s oldest and largest legal organization dedicated to the civil rights of LGBTQ people. He also serves as an Associate Reporter for the American Law Institute’s Restatement of Constitutional Torts.

Fred Smith

Professor of Law, Stanford University

Biography

Fred Smith Jr., JD ’07, is a Professor of Law at Stanford Law School and a leading scholar of the federal courts. His work on abstention, governmental immunities, and the allocation of power between state and federal courts has shaped contemporary debates over federal jurisdiction. This work has recovered histories that field had forgotten, and centered people the field’s doctrines had rendered invisible. He co-authors Federal Courts in Context (with Erwin Chemerinsky, Seth Davis, and Norman Spaulding) and Constitutional Torts, now in its sixth edition (with Sheldon Nahmod, Tom Eaton, Noah Smith-Drelich, and Michael Wells). He is also an important voice in the growing field of posthumous legal interests, where he created the first law school course of its kind.

His scholarship has appeared in the Harvard Law Review, Yale Law Journal, Stanford Law Review, Columbia Law Review, California Law Review, Michigan Law Review, New York University Law Review, and University of Chicago Law Review, among others. He lectures on these subjects across the United States and internationally, including in Istanbul, Shanghai, and Warsaw, and is regularly consulted as an expert by major media outlets, including CNN, CBS News, MSNBC, NPR, Time, The New York Times, and The Washington Post.

Smith clerked for Judge Myron Thompson (M.D. Ala.), Judge Barrington D. Parker Jr. (2d Cir.), and Justice Sonia Sotomayor (U.S. Supreme Court). He has held faculty positions at Berkeley Law and Emory Law and has been a visiting professor at the University of Chicago, Columbia, and Yale. At Emory, he was named Outstanding Professor of the Year in 2019, 2022, and 2023.

Smith serves as Board Chair of Lambda Legal, the nation’s oldest and largest legal organization dedicated to the civil rights of LGBTQ people. He also serves as an Associate Reporter for the American Law Institute’s Restatement of Constitutional Torts.

Fred Smith

Professor of Law, Stanford University

Biography

Fred Smith Jr., JD ’07, is a Professor of Law at Stanford Law School and a leading scholar of the federal courts. His work on abstention, governmental immunities, and the allocation of power between state and federal courts has shaped contemporary debates over federal jurisdiction. This work has recovered histories that field had forgotten, and centered people the field’s doctrines had rendered invisible. He co-authors Federal Courts in Context (with Erwin Chemerinsky, Seth Davis, and Norman Spaulding) and Constitutional Torts, now in its sixth edition (with Sheldon Nahmod, Tom Eaton, Noah Smith-Drelich, and Michael Wells). He is also an important voice in the growing field of posthumous legal interests, where he created the first law school course of its kind.

His scholarship has appeared in the Harvard Law Review, Yale Law Journal, Stanford Law Review, Columbia Law Review, California Law Review, Michigan Law Review, New York University Law Review, and University of Chicago Law Review, among others. He lectures on these subjects across the United States and internationally, including in Istanbul, Shanghai, and Warsaw, and is regularly consulted as an expert by major media outlets, including CNN, CBS News, MSNBC, NPR, Time, The New York Times, and The Washington Post.

Smith clerked for Judge Myron Thompson (M.D. Ala.), Judge Barrington D. Parker Jr. (2d Cir.), and Justice Sonia Sotomayor (U.S. Supreme Court). He has held faculty positions at Berkeley Law and Emory Law and has been a visiting professor at the University of Chicago, Columbia, and Yale. At Emory, he was named Outstanding Professor of the Year in 2019, 2022, and 2023.

Smith serves as Board Chair of Lambda Legal, the nation’s oldest and largest legal organization dedicated to the civil rights of LGBTQ people. He also serves as an Associate Reporter for the American Law Institute’s Restatement of Constitutional Torts.

Fred Smith

Professor of Law, Stanford University

Biography

Fred Smith Jr., JD ’07, is a Professor of Law at Stanford Law School and a leading scholar of the federal courts. His work on abstention, governmental immunities, and the allocation of power between state and federal courts has shaped contemporary debates over federal jurisdiction. This work has recovered histories that field had forgotten, and centered people the field’s doctrines had rendered invisible. He co-authors Federal Courts in Context (with Erwin Chemerinsky, Seth Davis, and Norman Spaulding) and Constitutional Torts, now in its sixth edition (with Sheldon Nahmod, Tom Eaton, Noah Smith-Drelich, and Michael Wells). He is also an important voice in the growing field of posthumous legal interests, where he created the first law school course of its kind.

His scholarship has appeared in the Harvard Law Review, Yale Law Journal, Stanford Law Review, Columbia Law Review, California Law Review, Michigan Law Review, New York University Law Review, and University of Chicago Law Review, among others. He lectures on these subjects across the United States and internationally, including in Istanbul, Shanghai, and Warsaw, and is regularly consulted as an expert by major media outlets, including CNN, CBS News, MSNBC, NPR, Time, The New York Times, and The Washington Post.

Smith clerked for Judge Myron Thompson (M.D. Ala.), Judge Barrington D. Parker Jr. (2d Cir.), and Justice Sonia Sotomayor (U.S. Supreme Court). He has held faculty positions at Berkeley Law and Emory Law and has been a visiting professor at the University of Chicago, Columbia, and Yale. At Emory, he was named Outstanding Professor of the Year in 2019, 2022, and 2023.

Smith serves as Board Chair of Lambda Legal, the nation’s oldest and largest legal organization dedicated to the civil rights of LGBTQ people. He also serves as an Associate Reporter for the American Law Institute’s Restatement of Constitutional Torts.

Fred Smith

Professor of Law, Stanford University

Biography

Fred Smith Jr., JD ’07, is a Professor of Law at Stanford Law School and a leading scholar of the federal courts. His work on abstention, governmental immunities, and the allocation of power between state and federal courts has shaped contemporary debates over federal jurisdiction. This work has recovered histories that field had forgotten, and centered people the field’s doctrines had rendered invisible. He co-authors Federal Courts in Context (with Erwin Chemerinsky, Seth Davis, and Norman Spaulding) and Constitutional Torts, now in its sixth edition (with Sheldon Nahmod, Tom Eaton, Noah Smith-Drelich, and Michael Wells). He is also an important voice in the growing field of posthumous legal interests, where he created the first law school course of its kind.

His scholarship has appeared in the Harvard Law Review, Yale Law Journal, Stanford Law Review, Columbia Law Review, California Law Review, Michigan Law Review, New York University Law Review, and University of Chicago Law Review, among others. He lectures on these subjects across the United States and internationally, including in Istanbul, Shanghai, and Warsaw, and is regularly consulted as an expert by major media outlets, including CNN, CBS News, MSNBC, NPR, Time, The New York Times, and The Washington Post.

Smith clerked for Judge Myron Thompson (M.D. Ala.), Judge Barrington D. Parker Jr. (2d Cir.), and Justice Sonia Sotomayor (U.S. Supreme Court). He has held faculty positions at Berkeley Law and Emory Law and has been a visiting professor at the University of Chicago, Columbia, and Yale. At Emory, he was named Outstanding Professor of the Year in 2019, 2022, and 2023.

Smith serves as Board Chair of Lambda Legal, the nation’s oldest and largest legal organization dedicated to the civil rights of LGBTQ people. He also serves as an Associate Reporter for the American Law Institute’s Restatement of Constitutional Torts.

Fred Smith

Professor of Law, Stanford University

Biography

Fred Smith Jr., JD ’07, is a Professor of Law at Stanford Law School and a leading scholar of the federal courts. His work on abstention, governmental immunities, and the allocation of power between state and federal courts has shaped contemporary debates over federal jurisdiction. This work has recovered histories that field had forgotten, and centered people the field’s doctrines had rendered invisible. He co-authors Federal Courts in Context (with Erwin Chemerinsky, Seth Davis, and Norman Spaulding) and Constitutional Torts, now in its sixth edition (with Sheldon Nahmod, Tom Eaton, Noah Smith-Drelich, and Michael Wells). He is also an important voice in the growing field of posthumous legal interests, where he created the first law school course of its kind.

His scholarship has appeared in the Harvard Law Review, Yale Law Journal, Stanford Law Review, Columbia Law Review, California Law Review, Michigan Law Review, New York University Law Review, and University of Chicago Law Review, among others. He lectures on these subjects across the United States and internationally, including in Istanbul, Shanghai, and Warsaw, and is regularly consulted as an expert by major media outlets, including CNN, CBS News, MSNBC, NPR, Time, The New York Times, and The Washington Post.

Smith clerked for Judge Myron Thompson (M.D. Ala.), Judge Barrington D. Parker Jr. (2d Cir.), and Justice Sonia Sotomayor (U.S. Supreme Court). He has held faculty positions at Berkeley Law and Emory Law and has been a visiting professor at the University of Chicago, Columbia, and Yale. At Emory, he was named Outstanding Professor of the Year in 2019, 2022, and 2023.

Smith serves as Board Chair of Lambda Legal, the nation’s oldest and largest legal organization dedicated to the civil rights of LGBTQ people. He also serves as an Associate Reporter for the American Law Institute’s Restatement of Constitutional Torts.

Fred Smith

Professor of Law, Stanford University

Biography

Fred Smith Jr., JD ’07, is a Professor of Law at Stanford Law School and a leading scholar of the federal courts. His work on abstention, governmental immunities, and the allocation of power between state and federal courts has shaped contemporary debates over federal jurisdiction. This work has recovered histories that field had forgotten, and centered people the field’s doctrines had rendered invisible. He co-authors Federal Courts in Context (with Erwin Chemerinsky, Seth Davis, and Norman Spaulding) and Constitutional Torts, now in its sixth edition (with Sheldon Nahmod, Tom Eaton, Noah Smith-Drelich, and Michael Wells). He is also an important voice in the growing field of posthumous legal interests, where he created the first law school course of its kind.

His scholarship has appeared in the Harvard Law Review, Yale Law Journal, Stanford Law Review, Columbia Law Review, California Law Review, Michigan Law Review, New York University Law Review, and University of Chicago Law Review, among others. He lectures on these subjects across the United States and internationally, including in Istanbul, Shanghai, and Warsaw, and is regularly consulted as an expert by major media outlets, including CNN, CBS News, MSNBC, NPR, Time, The New York Times, and The Washington Post.

Smith clerked for Judge Myron Thompson (M.D. Ala.), Judge Barrington D. Parker Jr. (2d Cir.), and Justice Sonia Sotomayor (U.S. Supreme Court). He has held faculty positions at Berkeley Law and Emory Law and has been a visiting professor at the University of Chicago, Columbia, and Yale. At Emory, he was named Outstanding Professor of the Year in 2019, 2022, and 2023.

Smith serves as Board Chair of Lambda Legal, the nation’s oldest and largest legal organization dedicated to the civil rights of LGBTQ people. He also serves as an Associate Reporter for the American Law Institute’s Restatement of Constitutional Torts.

Ilya Shapiro

Senior Fellow and Director of Constitutional Studies, Manhattan Institute

Biography

Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.

Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.

Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.

Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.

James C. Phillips

Associate Professor & Director, Constitutional Government Initiative, Wheatley Institute, Brigham Young University

Biography

James C. Phillips is the Constitutional Government Initiative Director and an associate professor at BYU’s Wheatley Institute. He is also a fellow with the UC-Berkeley School of Law’s Public Law and Policy Program and an academic affiliate with the D.C.-based law firm Schaerr|Jaffe. His scholarship has been cited by judges around the country, including at the U.S. Supreme Court, and has been covered in various media outlets, including the New York Times Magazine, USA Today, Reuters, CNN, and Fox News. He is a member of the Executive Committee of the Federalist Society's Religious Liberty Practice Group and the J. Reuben Clark Law Society Religious Liberty Committee.

Prior to joining Wheatley, Phillips was associate professor of law at Chapman University’s Fowler School of Law, where he taught Constitutional Law, Religion and the Constitution, Civil Procedure, Family Law, and Professional Responsibility and was named 1L Professor of the Year. Dr. Phillips has taught Administrative Law at BYU’s J. Reuben Clark Law School, where he also helped conceive and design the Corpus of Founding-Era American English. He was also a Non-resident Fellow with Stanford Law School’s Constitutional Law Center.

Dr. Phillips has published dozens of academic articles, primarily in law journals, but also communications, business, and history journals. His longer pieces have been published in, for example, the University of Pennsylvania Law Review, the Southern California Law Review, and the Harvard Journal of Law and Public Policy, and his shorter articles have been published in journals such as the Yale Law Journal Forum and the Duke Law Journal Online. Dr. Phillips has also written op-eds on constitutional issues for Newsweek, The Atlantic, the Los Angeles Times, the Orange County Register, Deseret News, and National Review.

Prior to his university posts, Dr. Phillips practiced law as a Constitutional Law Fellow for the Becket Fund for Religious Liberty and an associate for Kirton | McConkie. He has worked on dozens of cases at the U.S. Supreme Court, as well as cases in federal and state courts throughout the country. He is a member of the bar in Utah and D.C. He clerked for Judge Thomas B. Griffith on the U.S. Court of Appeal for the D.C. Circuit and for Justice Thomas R. Lee on the Utah Supreme Court. Dr. Phillips earned his JD, Order of the Coif, from UC-Berkeley’s School of Law, where he was a member of the California Law Review. He also has a PhD in Jurisprudence & Social Policy from UC-Berkeley, an M.A. in Mass Communication from BYU, and a B.A. in History from Arizona State University.

Ilya Shapiro

Senior Fellow and Director of Constitutional Studies, Manhattan Institute

Biography

Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.

Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.

Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.

Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.

Fred Smith

Professor of Law, Stanford University

Biography

Fred Smith Jr., JD ’07, is a Professor of Law at Stanford Law School and a leading scholar of the federal courts. His work on abstention, governmental immunities, and the allocation of power between state and federal courts has shaped contemporary debates over federal jurisdiction. This work has recovered histories that field had forgotten, and centered people the field’s doctrines had rendered invisible. He co-authors Federal Courts in Context (with Erwin Chemerinsky, Seth Davis, and Norman Spaulding) and Constitutional Torts, now in its sixth edition (with Sheldon Nahmod, Tom Eaton, Noah Smith-Drelich, and Michael Wells). He is also an important voice in the growing field of posthumous legal interests, where he created the first law school course of its kind.

His scholarship has appeared in the Harvard Law Review, Yale Law Journal, Stanford Law Review, Columbia Law Review, California Law Review, Michigan Law Review, New York University Law Review, and University of Chicago Law Review, among others. He lectures on these subjects across the United States and internationally, including in Istanbul, Shanghai, and Warsaw, and is regularly consulted as an expert by major media outlets, including CNN, CBS News, MSNBC, NPR, Time, The New York Times, and The Washington Post.

Smith clerked for Judge Myron Thompson (M.D. Ala.), Judge Barrington D. Parker Jr. (2d Cir.), and Justice Sonia Sotomayor (U.S. Supreme Court). He has held faculty positions at Berkeley Law and Emory Law and has been a visiting professor at the University of Chicago, Columbia, and Yale. At Emory, he was named Outstanding Professor of the Year in 2019, 2022, and 2023.

Smith serves as Board Chair of Lambda Legal, the nation’s oldest and largest legal organization dedicated to the civil rights of LGBTQ people. He also serves as an Associate Reporter for the American Law Institute’s Restatement of Constitutional Torts.

James C. Phillips

Associate Professor & Director, Constitutional Government Initiative, Wheatley Institute, Brigham Young University

Biography

James C. Phillips is the Constitutional Government Initiative Director and an associate professor at BYU’s Wheatley Institute. He is also a fellow with the UC-Berkeley School of Law’s Public Law and Policy Program and an academic affiliate with the D.C.-based law firm Schaerr|Jaffe. His scholarship has been cited by judges around the country, including at the U.S. Supreme Court, and has been covered in various media outlets, including the New York Times Magazine, USA Today, Reuters, CNN, and Fox News. He is a member of the Executive Committee of the Federalist Society's Religious Liberty Practice Group and the J. Reuben Clark Law Society Religious Liberty Committee.

Prior to joining Wheatley, Phillips was associate professor of law at Chapman University’s Fowler School of Law, where he taught Constitutional Law, Religion and the Constitution, Civil Procedure, Family Law, and Professional Responsibility and was named 1L Professor of the Year. Dr. Phillips has taught Administrative Law at BYU’s J. Reuben Clark Law School, where he also helped conceive and design the Corpus of Founding-Era American English. He was also a Non-resident Fellow with Stanford Law School’s Constitutional Law Center.

Dr. Phillips has published dozens of academic articles, primarily in law journals, but also communications, business, and history journals. His longer pieces have been published in, for example, the University of Pennsylvania Law Review, the Southern California Law Review, and the Harvard Journal of Law and Public Policy, and his shorter articles have been published in journals such as the Yale Law Journal Forum and the Duke Law Journal Online. Dr. Phillips has also written op-eds on constitutional issues for Newsweek, The Atlantic, the Los Angeles Times, the Orange County Register, Deseret News, and National Review.

Prior to his university posts, Dr. Phillips practiced law as a Constitutional Law Fellow for the Becket Fund for Religious Liberty and an associate for Kirton | McConkie. He has worked on dozens of cases at the U.S. Supreme Court, as well as cases in federal and state courts throughout the country. He is a member of the bar in Utah and D.C. He clerked for Judge Thomas B. Griffith on the U.S. Court of Appeal for the D.C. Circuit and for Justice Thomas R. Lee on the Utah Supreme Court. Dr. Phillips earned his JD, Order of the Coif, from UC-Berkeley’s School of Law, where he was a member of the California Law Review. He also has a PhD in Jurisprudence & Social Policy from UC-Berkeley, an M.A. in Mass Communication from BYU, and a B.A. in History from Arizona State University.

Ilya Shapiro

Senior Fellow and Director of Constitutional Studies, Manhattan Institute

Biography

Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.

Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.

Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.

Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.

Fred Smith

Professor of Law, Stanford University

Biography

Fred Smith Jr., JD ’07, is a Professor of Law at Stanford Law School and a leading scholar of the federal courts. His work on abstention, governmental immunities, and the allocation of power between state and federal courts has shaped contemporary debates over federal jurisdiction. This work has recovered histories that field had forgotten, and centered people the field’s doctrines had rendered invisible. He co-authors Federal Courts in Context (with Erwin Chemerinsky, Seth Davis, and Norman Spaulding) and Constitutional Torts, now in its sixth edition (with Sheldon Nahmod, Tom Eaton, Noah Smith-Drelich, and Michael Wells). He is also an important voice in the growing field of posthumous legal interests, where he created the first law school course of its kind.

His scholarship has appeared in the Harvard Law Review, Yale Law Journal, Stanford Law Review, Columbia Law Review, California Law Review, Michigan Law Review, New York University Law Review, and University of Chicago Law Review, among others. He lectures on these subjects across the United States and internationally, including in Istanbul, Shanghai, and Warsaw, and is regularly consulted as an expert by major media outlets, including CNN, CBS News, MSNBC, NPR, Time, The New York Times, and The Washington Post.

Smith clerked for Judge Myron Thompson (M.D. Ala.), Judge Barrington D. Parker Jr. (2d Cir.), and Justice Sonia Sotomayor (U.S. Supreme Court). He has held faculty positions at Berkeley Law and Emory Law and has been a visiting professor at the University of Chicago, Columbia, and Yale. At Emory, he was named Outstanding Professor of the Year in 2019, 2022, and 2023.

Smith serves as Board Chair of Lambda Legal, the nation’s oldest and largest legal organization dedicated to the civil rights of LGBTQ people. He also serves as an Associate Reporter for the American Law Institute’s Restatement of Constitutional Torts.

Prof. Fred Smith, Jr.

Professor of Law, Stanford University

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The Impact of Judicial Activism on the Moral Character of Citizens

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